AIR 1967 SUPREME COURT 1124 ::1967 ALL. L. J. 478 ::1967 BLJR 513 ::1967 (1) SCR 93 ::1967 2 SCJ 691

Supreme Court Of India

(From Patna)*

Hon'ble Judge(s): K. N. Wanchoo, J. C. Shah, R. S. Bachawat , JJJ

(A) Hindu Law - Partition - What is - Modes of effecting partition - Partition between different branches of joint family -Severance between members of branches inter se cannot be inferred in absence of expression of unequivocal intention. In a Hindu undivided family governed by the Mitakshara law, no individual member of that family, while it remains undivided, can predicate that he has a certain definite share in the property of the family. The rights of the coparceners are defined when there is partition. Partition consists in defining the shares of the coparceners in the joint property, actual division of the property by metes and bounds is not necessary to constitute partition. Once the shares are defined, whether by agreement between the parties or other-wise, partition is complete. The parties may thereafter choose to divide the property by metes and bounds, or may continue to live together and enjoy the property in common as before. If they live together, the mode of enjoyment alone remains joint, but not the tenure of the property. Partition may ordinarily be effected by institution of a suit, by submitting the dispute as to division of the properties to arbitrators, by a demand for a share in the properties, or by conduct which evinces an intention to sever the joint family: it may also be effected by agreement to divide the property....